LAW OF UKRAINE

of July 1, 2021 No. 1616-IX

About indigenous people of Ukraine

The Verkhovna Rada of Ukraine for assistance of consolidation and to development of the Ukrainian nation, and also development of ethnic, cultural, language and religious identity of all indigenous people of Ukraine, according to the Constitution of Ukraine and the laws of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, based on the Declaration of the rights of nationalities of Ukraine, relying on Article 1 of Articles of organization of the United Nations, the Vienna Declaration and the Action program accepted at the World conference on human rights on June 25, 1993, the Declaration of the United Nations on the rights of indigenous people, considering the Resolution of the Verkhovna Rada of Ukraine of March 20, 2014 No. 1140-VII "About the Statement of the Verkhovna Rada of Ukraine concerning guarantees of the rights of the Crimean Tatar people as a part of the Ukrainian State", adopts this Law determining the rights of indigenous people of Ukraine and feature of their realization.

Article 1. Concept of indigenous people of Ukraine

1. Indigenous people of Ukraine - the autochthonic ethnic community created in the territory of Ukraine which is the carrier of original language and culture has traditional, social, cultural or representative bodies, samoosoznat itself indigenous people of Ukraine, constitutes ethnic minority as a part of its population has no own state education outside Ukraine.

2. Indigenous people of Ukraine which were created in the territory of the Crimean peninsula are the Crimean Tatars, Karaites, Krymchaks.

3. Representative bodies of indigenous people of Ukraine - the relevant representative institutes which are created by indigenous people and according to the Constitution and the laws of Ukraine are allocated with the right to represent indigenous people and to make decisions from their name (further - representative bodies).

Article 2. Legal personality of indigenous people of Ukraine

1. Indigenous people have right to self-determination as a part of Ukraine, establish the political status within the Constitution and the laws of Ukraine, freely perform the economic, social and cultural development.

2. Indigenous people of Ukraine, exercising right to self-determination, have the right to self-government in the questions relating to their internal affairs including concerning ways of creation of their representative bodies which are formed and are effective within the Constitution and the laws of Ukraine.

3. Indigenous people have the right according to the Constitution and the laws of Ukraine to keep and strengthen the special political, legal, social and cultural institutions, keeping at the same time the participation in economic, social and cultural life.

4. The state promotes representation of indigenous people of Ukraine in the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local government bodies of the Autonomous Republic of Crimea and the city of Sevastopol.

5. The state promotes forming of capabilities of territorial communities which would correspond to places of compact accommodation of indigenous people of Ukraine.

6. The state guarantees protection of indigenous people of Ukraine against acts of genocide or any other acts of collective coercion or violence.

Article 3. Fundamental rights of indigenous people of Ukraine

1. Indigenous people of Ukraine and their representatives have the right collectively and individually, to complete possession of all human rights and fundamental freedoms determined in Articles of organization of the United Nations, the Universal Declaration of Human Rights, the Declaration of the United Nations on the rights of indigenous people and in international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, and also provided in the Constitution and the laws of Ukraine.

2. Indigenous people have the right to equal legal protection. Any discrimination of indigenous people of Ukraine in case of realization of the rights by them is forbidden.

3. The state realizes measures of the strengthened support of indigenous people of Ukraine - the temporary measures undertaken by the state for overcoming the phenomena of social, legal and cultural nature, negative for indigenous people, through creation of special favorable mechanisms of realization of the rights, freedoms and needs of indigenous people.

Measures of the strengthened support are entered by the Cabinet of Ministers of Ukraine on request and after carrying out consultations with representative bodies.

4. The right to legal protection is guaranteed to indigenous people of Ukraine against any actions directed on:

1) deprivation of signs of ethnic origin and integrity as original people, deprivation of cultural values;

2) eviction or forced movement from places of compact accommodation in any form;

3) forced assimilation or forced integration in any form;

4) encouragement or incitement of the racial, ethnic or religious hatred directed against them.

5. Indigenous people of Ukraine determine own national symbolics and procedure for its application with compliance with laws of Ukraine.

6. Indigenous people have the right to revive, use, develop and transfer to future generations the history, language, traditions, writing and literature, to recover and keep objects of material and non-material cultural heritage.

7. Denial of ethnic origin or ethnic identity of indigenous people of Ukraine is forbidden.

Article 4. Cultural rights of indigenous people of Ukraine

1. Indigenous people have the right to observance, revival and development of spiritual, religious and cultural traditions and customs, preserving material and non-material cultural heritage.

2. The list of places and objects of religious and cultural value of indigenous people of Ukraine, procedure for use of these objects, their financings and receipt of the income from such activities are determined by the Cabinet of Ministers of Ukraine after carrying out consultations with representative bodies.

3. For the purpose of recovery of historical toponymics of indigenous people of Ukraine the Cabinet of Ministers of Ukraine after consultations with representative bodies submits in accordance with the established procedure for consideration of the Verkhovna Rada of Ukraine drafts of resolutions on renaming of settlements.

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